Quick divorce in South Africa

Having a quick divorce is one thing. But being by the financial means however, is another aspect. Divorces are never easy by virtue of the fact that it either involves children or assets that needs to be divided up equally. This in itself, also depends on whether the couple had an Ante-Nuptial Contract, also known as “ANC” in place and whether they are married in, or out of community of property. Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved. In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks. Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends on the overly burdened court rolls in which parties have to wait long for their divorce to go to trial. Feel free to make an online appointment today with Our Lawyer Pty Ltd, or call our law offices on 021 424 3487 for an online appointment today. We offer the following divorce services: Make an online appointment today!

South African divorce law – married in community of property

First of all, when two parties get married without an Ante-Nuptial Contract, then they are automatically married in community of property. What is meant by this? Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks. One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.

Online legal appointment to change your matrimonial property regime…

With our online appointment system, our receptionist sets the appointment up for you regarding the change in your matrimonial property regime. This can be done while on the phone. No long, complicated details but just the basic information required for your professional legal consultation.  Call our offices today and have your legal appointment booked online immediately. It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place. During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process. Call our offices today and have your legal appointment booked online immediately.    
Posted on by Telelaw

Quick divorce in South Africa

Having a quick divorce is one thing. But being by the financial means however, is another aspect. Divorces are never easy by virtue of the fact that it either involves children or assets that needs to be divided up equally. This in itself, also depends on whether the couple had an Ante-Nuptial Contract, also known as “ANC” in place and whether they are married in, or out of community of property.

Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved.

In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks.

Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends on the overly burdened court rolls in which parties have to wait long for their divorce to go to trial.

Feel free to make an online appointment today with Our Lawyer Pty Ltd, or call our law offices on 021 424 3487 for an online appointment today.

We offer the following divorce services:

Make an online appointment today!

South African divorce law – married in community of property

First of all, when two parties get married without an Ante-Nuptial Contract, then they are automatically married in community of property. What is meant by this?

Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks.

One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.

Online legal appointment to change your matrimonial property regime…

With our online appointment system, our receptionist sets the appointment up for you regarding the change in your matrimonial property regime. This can be done while on the phone. No long, complicated details but just the basic information required for your professional legal consultation.  Call our offices today and have your legal appointment booked online immediately.

It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place.

During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process.

Call our offices today and have your legal appointment booked online immediately.

 

 

Related Post

Family Trust explained

To ensure that your assets are safe and protected, you may want to consider a family trust. Having a family trust means that your assets will be kept safe and secure for the trust beneficiaries – those who will be benefiting from the trust. Furthermore, the trustee will not enjoy personal benefits of the trust but will simply be holding the assets for the trust beneficiaries. [caption id="attachment_4576" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Exactly how is this different from your Last Will and Testament? It is simple. The will takes effect only after one’s death while the trust can be executed in your living days. For more legal advice on professional legal drafting of family trust and wills, call our law offices on 021 424 3487 today and have an online appointment made for you today.

Trust registration South Africa

Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:
  • Understand why you are setting up the trust: think about the purpose of the trust.
  • What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
  • Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
  • Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
  • Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
  • Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
[caption id="attachment_4577" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For more information on the procedure of trust registration, call our law offices on 021 424 3487 for an online appointment for a professional legal consultation. If you’re residing out of Cape Town, then fell free to make use of our national number on 087 701 1124 today.

Trust vs Will

First of all, a will is written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. [caption id="attachment_4578" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] A trust on the other hand, can be effective before and after death and is associated with assets and property management. And while this may sound convenient and appealing, it does come with its own disadvantage as well. The trust can be more of a hassle due to it having to be funded and actively managed in your living days. Speak to your family legal expert today on family trusts and wills and have your will and trust professionally drafted with us. Call our law offices on 021 424 3487 for an online appointment today. Connect with us!  
Posted on by Telelaw

Relocation with my minor child to United States, New York City (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to New York City, United States

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in King William’s Town or Parys, South Africa, and you want to relocate to New York City, United States, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to New York City, United States?

The same applies when it comes to your minor child applying for a South African passport to relocate to United States, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to New York City, United States with my minor child? There is another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to New York City, United States.

What can I do if the other parent does not want to consent to the minor child’s relocation to New York City, United States?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to New York City, United States, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to New York City, United States. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to New York City, United States, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to New York City, United States?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to New York City, United States – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to New York City, United States, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to New York City, United States

If you require legal assistance or representation with relocating to New York City, United States due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on by Telelaw

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